MERS SMOKING GUN —- WATCH THAT PROOF OF CLAIM IN BKR

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Editor’s Note: I had a law professor, actually two of them, who kept harping on single point virtually every class: start at the beginning.

It is the opinion of many law professors and myself, having taught lawyers on trial, motion  and administrative practice and having written and taught substantive law, that many cases are lost as soon as the lawyer picks up the file. And THAT is because they think they remember what the statute says and they think they knew what some of the boiler plate documents say, and so to earn a fee that bill for reading and analyzing documents they never looked at. The Proof of Claim is one such document. Look it over carefully and FILE the objection to the proof of claim. Don’t assume that a single word on any paper submitted by a pretender lender is anything but English. Assume the falsity of everything and confirm it for yourself.

This is why I have stopped many BKR lawyers from simply using the defaults on their software systems for filing the schedules. I tell them don’t list the house as secured, because if you do, you are already conceding a point that you will later want to concede. Don’t list a party as a creditor whom you wil later claim is not a creditor.

From Brian Davies:

In two recent pieces I harped on the problems at MERS, the Mortgage Electronic Registration System. (“Support Representative Kaptur’s Bill: Time To Shut Down Mers And To Restore The Rule Of Law” and “Shut Down MERS”). Briefly, MERS purportedly offers an alternative to paperwork, maintaining an electronic record of mortgages that are usually packaged into mortgage backed securities (MBSs). When mortgages go delinquent, MERS helps mortgage servicers foreclose on homes.

http://www.scribd.com/doc/45102004/Mers-Smoking-Gun-Part-1

AFTER EXHAUSTIVE REVIEW THIS DOCUMENT FITS MY CASE. INDYMAC BANK EMPLOYEES ARE THE SERVICER, FILER, SIGNOR, ASSIGNORS, ATTORNEY IN FACT, LOSS MITIGATOR, COLLECTORS, SELLER, DEPOSITOR, UNDER CRIMINAL CHARGES, ENDORSERS, AND THE LIST GOES ON AND ON. WHY WOULD A TRUSTEE WANT TO TAKE DOCUMENTS AND MOVE DOCUMENTS OVER THE WEST COAST TO FLORIDA TO NEW JERSEY, TO GEORGIA, AND THEN TO SANTA ANA, CALIFORNIA. MAKES NO SENSE. THE MERS AUDIT TRAIL MAKES NO SENSE. THE REMICS HURT THE TIMING FOR THESE PEOPLE.

TALF HAD REPURCHASES OF SERVICER LOANS IN JULY 2009, A LOAN FROM THE GOVERNMENT. THE PSA SAYS THAT THE SERVICER MUST BUY BACK DEFAULTED LOANS. IN MY CASE THIS SHOULD HAVE OCCURRED. NO WONDER THE TRUSTEE DEUTSCHE BANK IS MAD AS HELL.

HERE IS A PROOF OF CLAIM. DONE BY DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE AGAINST A SERVICER FOR A CHAPTER 11. LOOK AT THE LIST OF MISSING DOCUMENTS IT IS OUTRAGEOUS. IT IS CRIMINAL AND IT IS PART OF THE COVER UP THAT DEUTSCHE BANK IS TRYING TO UNWIND BACK TO THE SERVICERS.

http://www.scribd.com/doc/45094535/Deutsche-Bank-Proof-of-Claim-against-American-Home-Mortgage-Services

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